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Recently, Ms. Li, a consumer in Changchun City, Jilin Province, reported to the “China Consumer News†reporter that the home decoration costs several hundred thousand yuan to purchase the furniture products made from the nominal cherry wood. However, after testing by professional organizations, the so-called cherry Wood turned out to be rubber wood. The consumer believes that the operator’s behavior constitutes fraud and requires “back one for threeâ€, which is rejected by the operator. The reporter investigated the matter.
The furniture material does not match
According to Ms. Li’s introduction, on October 20, 2016, due to the renovation of her new home, she and her husband came to Changchun City, the Middle East Ruijia Furniture Square Yuanda Street Store (hereinafter referred to as the Middle East Ruijia) to purchase furniture, in the third floor of the “three Liwei Wood Home Furnishing Store ordered a whole wood furniture product with a nominal material of cherry wood and delivered a total of RMB 580,000. The operator issued the “Vesting Certificate for the Middle Eastern Swiss Home†(No.16951393), clearly marked “the material is cherry woodâ€.
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On May 28, 2017 and July 12, 2017, “Sanlitui Wood House†delivered the 7 pieces and 92 pieces of furniture products to the door twice.
On July 18, 2017, Ms. Li discovered that the furniture material was not the same as the cherry wood in the contract. The next day, she came to “Sanliwei Wood House†and negotiated with Wang, the person in charge of the store, asking the operator to return all the money and compensate for the economic losses.
On July 20, 2017, the staff of Sanliwei Whole Wood Home Co., Ltd. passed a three-point (100,000, 400,000, and 80,000 yuan) rural credit cooperative to remit the money to Ms. Li’s bank account. At the same time, the relevant person in charge wrote a note that included the receipt of the payment, the termination of the contract, and the return of the goods agreed to be sent. Due to the unresolved issue of compensation, Ms. Li did not sign the note and only wrote a receipt that received the payment.
On July 24, 2017, Shaomou, the person in charge of the Middle East Ruijia, and Zhao, the administrator, and Wang Mou, the person in charge of Sanliwei Wood House, and the staff in the store, came to Ms. Li’s new house decoration site. The furniture products were counted and the arrival amount was calculated as 208015.89 yuan. However, Ms. Li refused to return the products that had been delivered to the operator. She said that she must wait until the dispute is resolved before handing over.
However, both parties have not been able to reach agreement on the issue of compensation. Ms. Li complained to the “Russian Middle East†and the Consumers’ Association of Changchun, respectively, that “the business behavior of Sanliwei Whole Wood Home†constituted fraud and required “returning one, losing threeâ€.
The sales certificate is marked with cherry wood
Cherry wood is rubber wood
After receiving complaints from Ms. Li, Changchun Consumers Association contacted “Sanliwei Whole Wood Home†and “Middle East Ruijia†for the first time to learn more about the relevant circumstances, and organized a complaint and docking, which was established by judges and lawyers. The complaints made by the staff of the association and the Consumers Association liaised with the bench to mediate this consumer dispute. In the process of vouchering evidence and cross-examination, the distributors and commodity suppliers had no objection to the agreement that the contract was cherry wood, and no answer was given as to whether or not the use of plates for the provided goods was cherry wood. Since the evidence provided by the two parties could not prove whether there was any difference between the contracted plate and the plate used for the actual product, the collegiate bench believed that the “Middle East Ruijia†and the consumers should jointly identify and use the plates for the use of the goods to supplement the evidence.
On December 22nd, 2017, “The Middle East Ruijia†applied for a notarization to the Shunwei Notary Office of Changchun City, and the notarization matter was to preserve the evidence. In the afternoon of the same day, the Notary Public Notary, authorized agent, and staff of the Forestry Products Quality Supervision and Inspection Station of Jilin Province came to Ms. Li’s home to take samples and sent the samples together for inspection.
On January 5, 2018, the Jilin Provincial Forestry Product Quality Supervision and Inspection Station issued the "Identification Report." The identification conclusion column stated that "the inspection sample was inspected and the wood name was determined to be rubber wood".
Identification results show that the material is rubber wood
Operator denies fraud
In an interview with the “China Consumer Daily†reporter, Ms. Li said: “The contract for the furniture I bought clearly indicated that the material was cherry wood. The material that could be sent to the door was rubber wood. Is this not fraudulent consumers? I demand 'back one lost three'."
On March 28th, the reporter came to “Sanliweiwei Wood Houseâ€. Wang, the person in charge of the shop, said that after the incident occurred, the “Middle East Ruijia†had ordered the shop to stop operating until February 22 this year. Wang believes that the consumer's 580,000 yuan has been fully refunded, and wrote a receipt, the two sides of the contract has been lifted, the shop has no other responsibility to bear. "After the contract is lifted, the goods should be returned to me." Wang said, and said he was prepared to resolve the dispute through legal channels. When talking about the “rubber wood†conclusion made by the inspection report of the Forestry Products Quality Supervision and Inspection Station of Jilin Province, Wang said that he did not see the inspection data and the qualification of the testing unit, so he could not conclude and stated that his business conduct did not constitute Fraud.
On March 29th, Wang Guang, head of the lawyers' association of Jilin Province Consumers Association and director of Jilin Tongxin Law Firm, said that consumers signed a contract with Sanliwei Wood House as a whole cherry wood product. , But the test results show that the actual product material is rubber wood, which is inconsistent with the contract. In addition, in the process of testing the problematic product, as the management party's “Russian Middle East†applying for notarization and participation, it can be determined that the preservation evidence is true and effective. If the Sanliwei Whole Wood Home does not recognize or have doubts about the test results, it can also apply for re-qualification. “Sanliweiwei Wood House†is suspected of fraud and consumers can file a civil lawsuit with the People’s Court to safeguard their own legitimate rights and interests.
On March 29th, Ning Hongwei, the person in charge of “The Middle East Ruijiaâ€, told reporters that as long as the relevant supervisory department or the people’s court made a determination as to whether the behavior of the business operator was fraudulent, the shopping mall would cooperate with relevant laws and regulations.
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